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UNITED STATES v. PERATE

No. 83-5042.

719 F.2d 706 (1983)

UNITED STATES of America, Appellee, v. Frank Joseph PERATE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 14, 1983.

Attorney(s) appearing for the Case

Law Office of Alan E. Weinstein (Alan E. Weinstein and Richard J. Preira, Miami Beach, Fla., on brief), for appellant.

Joe Knott, Asst. U.S. Atty., Raleigh, N.C. (Samuel T. Currin, U.S. Atty., Raleigh, N.C., J. Douglas McCullough, Asst. U.S. Atty., John F. De Pue, Vincent P. Macqueeney, Dept. of Justice, Washington, D.C., on brief), for appellee.

Before PHILLIPS, SPROUSE and ERVIN, Circuit Judges.

SPROUSE, Circuit Judge:

Frank Perate was convicted after a non-jury trial by the district court on one count each of possession with intent to distribute marijuana and cocaine, in violation of 21 U.S.C. § 841(a)(1). He appeals, contending that his conviction was based on evidence obtained after a Constitutionally invalid stop of his automobile, and that the trial court erred in refusing to dismiss one count of the indictment after the government moved to dismiss...

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